Glossary

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P

Parent and holder of parental responsibility

In the EU, there is no unified definition of who is a parent, and the legal definition of a parent differs between Member States. A parent can be understood as an “individual biologically and/or emotionally linked to the child”, including “through the provision of care, concern and affection”.^{^[1]} The role of a parent can have social, affective and legal implications. In legal terms, the holder of parental responsibility is considered a parent.

Holder of parental responsibility refers to any person, institution or other body having parental responsibility for a child.

Brussels Regulation (EU) 2019/1111, Article 2.2.(7).

Parental responsibility refers to all the rights and duties relating to the person or the property of a child, which are given to a natural or legal person by a decision, by operation of law or by an agreement having legal effect, including the right of custody and rights of access.

Brussels Regulation (EU) 2019/1111, Article 2.2.(8).

^{^[1]} Ruggiero, R., Volnakis, D., Hanson, K. (2017), The inclusion of ‘third parties’: The status of parenthood in the Convention on the Rights of the Child, Children's Rights Law in the Global Human Rights Landscape, Isolation, inspiration, integration?, Edited by Eva Brems, Ellen Desmet and Wouter Vandenhole, Routledge Research in Human Rights Law, pp.71-89. Archard, D. (2004), Children: Rights and childhood, 2^nd edition, Routledge, p. 152.

Keyword(s):

Person eligible for subsidiary protection

A person eligible for subsidiary protection means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country.

In accordance with Article 15 Qualification Directive (2011/95/EU), serious harm consists of:

(a) the death penalty or execution; or

(b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or

(c) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

Under certain circumstances, third country nationals or stateless persons are excluded from being eligible for subsidiary protection, in accordance with Article 17 Qualification Directive (2011/95/EU). This applies, among others, to persons who have committed serious crimes, crimes against peace, crimes against humanity, or war crimes, or who constitute a danger to the community or to the security of the Member State in which the person is present.

Qualification Directive (2011/95/EU), Article 2 (f), Articles 15 and 17